M
mensaman
Guest
What is the name of your state? Hawaii
Recently my brother called to tell me of a problem that he's having...Here are the facts as I have been told:
He was pulled over at a DUI roadblock in late December...He was pulled over along with ALL other cars at the same time (5 in total) The predetermined car was suppose to be every fifth one....All drivers were forced to do FST. He admitted to the officer that he had his last drink 10 minutes earlier, he drank 5 blocks from his house and was 2 blocks away from home when pulled over. His FST was nearly spotless with the only thing marked being the eyes. The officer placed him under custody; he was burping and vomiting in his mouth at the police station. The officers waited an hour before giving him a breathalyzer, which he blew a .138...He asked to take another one and was ushered to a holding cell...He was never permitted to take a second breathalyzer.
He went to court and the judge threw out the case when the officers admitted that he should not have been pulled over in the first place. That he wasn't speeding or wavering between lanes. The officer basically stated that they were nearing the end of the roadblock time period and the supervisor was pulling over every vehicle for the last 30 minutes. The judge apologized to my brother for his 4th and 14th amendments being violated.
All that to tell you this...His base suspended his driving privileges for a year due to him blowing over the legal limit. They stated that it didn't matter that the breathalyzer was obtained illegally...It was over .08.
What is his legal stance on this subject...He's in the military, he's required to walk 12 blocks to work from a bus stop (there's nowhere to park outside the base), he has to walk 3 miles one way to medical/dental appointments.
Can the military really do this to its members when the civilian courts throw a case out?
Any assistance you can provide would be greatly appreciated.
Recently my brother called to tell me of a problem that he's having...Here are the facts as I have been told:
He was pulled over at a DUI roadblock in late December...He was pulled over along with ALL other cars at the same time (5 in total) The predetermined car was suppose to be every fifth one....All drivers were forced to do FST. He admitted to the officer that he had his last drink 10 minutes earlier, he drank 5 blocks from his house and was 2 blocks away from home when pulled over. His FST was nearly spotless with the only thing marked being the eyes. The officer placed him under custody; he was burping and vomiting in his mouth at the police station. The officers waited an hour before giving him a breathalyzer, which he blew a .138...He asked to take another one and was ushered to a holding cell...He was never permitted to take a second breathalyzer.
He went to court and the judge threw out the case when the officers admitted that he should not have been pulled over in the first place. That he wasn't speeding or wavering between lanes. The officer basically stated that they were nearing the end of the roadblock time period and the supervisor was pulling over every vehicle for the last 30 minutes. The judge apologized to my brother for his 4th and 14th amendments being violated.
All that to tell you this...His base suspended his driving privileges for a year due to him blowing over the legal limit. They stated that it didn't matter that the breathalyzer was obtained illegally...It was over .08.
What is his legal stance on this subject...He's in the military, he's required to walk 12 blocks to work from a bus stop (there's nowhere to park outside the base), he has to walk 3 miles one way to medical/dental appointments.
Can the military really do this to its members when the civilian courts throw a case out?
Any assistance you can provide would be greatly appreciated.